Our Lawyers

Charney Practice Group

Ted Charney, is a senior partner at Falconer Charney LLP where he heads up the firm’s insurance and personal injury law group. Ted practices as general litigation counsel with an emphasis on the following practice areas: class actions; personal injury; insurance claims; insurance defence; product liability; food contamination; commercial; real estate and employment law litigation.

He has conducted numerous trials and appeals, including jury trials throughout the province and has represented clients in over 50 reported decisions of the Superior Court of Ontario and the Financial Services Commission of Ontario, spanning a wide range of practice areas.

Recent Notable Cases:

• Acted for plaintiffs and numerous victims of the listeria contamination outbreak , in national class action proceedings against Maple Leaf Foods.Certified and settlement approved March 9,2009.Largest food contamination settlement in Canadian history.See Bilodeau v Maple Leaf Foods Inc. [2009] O.J. No.1006.
• Acted for plaintiffs in Sunrise propane explosion class action, on a motion to secure access to the investigation conducted by the Ontario Fire Marshall and other regulatory authorities.Leading case on access to ongoing Crown investigations.See Durling v Sunrise Propane Energy Group Inc. [2008] O.J. No. 5031 December 11, 2008
• Acted for the families of injured and deceased pets in a trans-national class action, commonly known as the Menu Foods pet food contamination class action (Settlement pending 2008). Falconer Charney was part of the Ontario Consortium of Law Firms selected by the Superior Court of Justice to act as plaintiff’s counsel in this class action. In delivering reasons, the Court stated “The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group, Whiting et al v. Menu Foods Income Fund [2007] O.J. No. 3996; 53 C.P.C. (6^th) 124.
• Acted as co-counsel (with my law partner), representing Maher Arar and his family in their civil litigation claim against the Federal Government. (Resolved 2007). Largest human rights settlement in Canadian history.
• Acted for debenture holders in international class action proceedings against a Canadian bank, to recover outstanding bonds issued by its bankrupt South American subsidiary (Resolved 2007). Leading case on international class action litigation Yordanes v. Bank of Nova Scotia, 78 O.R. (3d) 590; 15 B.L.R. (4^th) 220; 23 C.P.C. (6^th) (Decision on Rule 21 motions); Yordanes v. Bank of Nova Scotia, [2006] O.J. No. 1553, [2006] O.T.C. 81, 20 B.L.R. (4^th) 167, 35 C.P.C. (6^th) 86, 147 A.C.W.S. (3d) 560, 2006 CarswellOnt 2344.
• Acted for a number of insurance companies defending national class action proceedings to recover automobile insurance deductibles. Longest certification hearing in Canadian history (Resolved 2006). McNaughton Automobile Ltd. v. Co-Operators General Insurance Co., [2001] O.J. No. 2312 (and 30 related actions, including Segnitz v. Royal Sun Alliance Insurance Co. of Canada) (2000), 50 O.R. (3d) 300, 23 C.C.L.I. (3d) 214, 6 M.V.R. (4^th) 297 (S.C.J.).
• Acted for the family of a young girl in a claim against a multi-national corporation for food tampering. (Resolved 2006). Jama (litigation guardian of) v. McDonald’s Restaurants of Canada Ltd., [2003] O.J. No. 2247, [2003] O.T.C. 502 (Wilton-Siegel J.); [2001] O.J. No. 1068 (Nordheimer. J.).
• Acted as counsel on a leading arbitration decision at the Financial Services Commission of Ontario, consisting of a test case to determine circumstances where victims of automobile accidents are entitled to rehabilitation and medical benefits. Amoa-Williams, FSCO A97-001864, where the hearing arbitrator said: “Mr. Charney conducted the Applicant’s case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the Insurer and myself alike”. Amoa-Williams, FSCO A97-001864 (Arbitration) (June 5, 2000); Amoa-Williams, FSCO P01-00052 (Appeal); Amoa-Williams, FSCO A97-001864 (Expenses October 24, 2001).
• Acted for an insurance company on first case to consider the application of Blank v. Canada (Minister of Justice), [2006] C.C.S. No. 11208, [2006] S.C.J. No. 39, 2006 SCC 39, to claims for litigation privilege in the context of a bad faith insurance claim. Leading decision on the test for litigation privilege in bad faith litigation. Mamaca (Litigation Guardian), [2007] O.J. No. 1190, 47 C.C.L.I. (4^th) 288, 156 A.C.W.S. (3d) 313, 2007 CarswellOnt. 1828; Mamaca (Litigation Guardian of) v. Coseco Insurance Co., [2008] C.C.S. No. 708, [2007] O.J. No. 4899, 162 A.C.W.S. (3d) 578, 56 C.C.L.I. (4^th) 103, 50 C.P.C. (6^th) 194, 2007 CarswellOnt 8133 (J.Macdonald J.).; Mamaca (Litigation Guardian of) v. Coseco Insurance Co., [2008] O.J. No. 2508 (R.W.M. Pitt J.).

Articles and Reports:

• Commissioned by the Canadian Coalition Against Insurance Fraud to conduct a study and report on appropriate procedures to be followed by adjusters when investigating potential fraudulent claims.
• The Canadian Institute’s 7th Annual National Forum on Litigating Class Actions - Litigating Transnational Mass Torts in the Context of Class Proceedings. Parent Corporation Liability for Acts of its Subsidiaries.
• Contribute articles to the Lawyers Weekly.
  

Education:

1982 - McGill University, Bachelor of Arts (with distinction)
1985 - Osgoode Hall, York University, LL.B.
1987- Called to the Ontario Bar